Consolidation; Merger. The Company shall not at any time after the date hereof effect any merger or consolidation of the Company unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to Investor such shares of Common Stock and/or securities as Investor is entitled to receive pursuant to this Agreement.
Appears in 14 contracts
Samples: Equity Credit Agreement (Internal Fixation Systems, Inc.), Equity Credit Agreement (ProText Mobility, Inc.), Equity Purchase Agreement (Neah Power Systems, Inc.)
Consolidation; Merger. The Company shall not not, at any time after the date hereof hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all of the assets of the Company to, another entity unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to Investor such shares of Common Stock stock and/or securities as Investor is entitled to receive pursuant to this Agreement.
Appears in 11 contracts
Samples: Private Equity Credit Agreement (Bioshield Technologies Inc), Private Equity Credit Agreement (Netgateway Inc), Private Equity Credit Agreement (NCT Group Inc)
Consolidation; Merger. The Company shall not not, at any time after the date hereof hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all of the assets of the Company to, another entity unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument or by operation of law the obligation to deliver to Investor the Investors such shares of Common Stock stock and/or securities as Investor is the Investors are entitled to receive pursuant to this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Interactive Telesis Inc), Series B Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc), Convertible Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc)
Consolidation; Merger. The Company shall not not, at any time after the date hereof hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “CONSOLIDATION EVENT”) unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of Common Stock stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement (Capstone Turbine Corp), Subscription Agreement (Capstone Turbine Corp)
Consolidation; Merger. The Company shall not not, at any time after the date hereof hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all of the assets of the Company to, another entity unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument or by operation of law the obligation to deliver to the Investor such shares of Common Stock stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.
Appears in 2 contracts
Samples: Unit Subscription Agreement (On2 Technologies Inc), Common Stock and Warrants Purchase Agreement (Galaxy Nutritional Foods Co)
Consolidation; Merger. The Company shall not not, at any time after the date hereof hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all of the assets of the Company to another entity unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to Investor such shares of Common Stock and/or securities as Investor is entitled to receive pursuant to this Agreement.
Appears in 2 contracts
Samples: Private Equity Credit Agreement (Mphase Technologies Inc), Private Equity Credit Agreement (Mphase Technologies Inc)
Consolidation; Merger. The Company shall not not, at any time after the date hereof hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all of the assets of the Company to, another entity unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to Investor such shares of Common Stock and/or securities as Investor is entitled to receive at such time pursuant to this Agreement.
Appears in 1 contract
Samples: Equity Credit Agreement (Tefron LTD)
